Medical Marijuana Rules To Be Challenged by Hamilton Man

A Hamilton man says his Charter rights were violated and he suffered “cruel and unusual” punishment when he was denied access to medical marijuana while in the Barton Street jail.

That treatment, along with what he believes was his unfair drug arrest, has led Mike Szymczak to launch a legal challenge against the federal government’s new medicinal marijuana laws.

He has filed a submission to the Ontario Superior Court of Justice stating the Conservative government’s move to allow licensed growers to produce and sell medical marijuana is unconstitutional.

The 31-year-old, who experiences chronic back pain stemming from a 2007 car accident, argues the new commercial system will make it too expensive for him to afford his medication, and thus, violates the principles of “life, liberty and security” enshrined in the Canadian Charter of Rights and Freedoms.

“Cannabis isn’t covered under the [Ontario Disability Support Program] and there’s no insurance plan in Canada in any company that’s going to pay for medical marijuana,” said Szymczak.

“So how can somebody who’s making $20,000 a year on minimum wage trying to support a low-income family be able to buy their cannabis when they don’t want to take opiates?”